South Dakota Codified Laws 26-7A-20. Release of child in need of supervision after temporary custody hearing–Exceptions
If the child is an apparent, alleged, or adjudicated child in need of supervision, after the temporary custody hearing the court shall release the child from temporary custody to the child’s parents, guardian, or custodian, with or without restriction or condition or upon written promise of the parents, guardian, or custodian regarding care and supervision of the child, unless the court finds that the child should continue to be held in temporary custody for any of the following reasons:
(1) The child has failed to comply with court services or a court–ordered program;
Terms Used In South Dakota Codified Laws 26-7A-20
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The child is being held for another jurisdiction as a parole or probation violator, as a runaway, or as a child under other court–ordered detention;
(3) The child has a demonstrated propensity to run away from the child’s home, from court–ordered placement outside of the child’s home, or from agencies charged with providing temporary care for the child;
(4) The child is under court–ordered home detention in this jurisdiction;
(5) There are specific, articulated circumstances which justify the detention for the protection of the child from potentially immediate harm to the child’s self or to others; or
(6) The child is a material witness, the detention is necessary because of implications of tampering with the child, and an affidavit so stating is filed with the court.
An apparent, alleged, or adjudicated child in need of supervision may not be placed in detention for longer than twenty–four hours after the temporary custody hearing unless the child has been accused of or has been found in violation of a valid court order as provided in § 26-8B-3.
Source: SL 1991, ch 217, § 22B; SL 1994, ch 219, § 5; SL 1995, ch 148, § 6; SL 1996, ch 172, § 4; SL 2003, ch 149, § 13; SL 2021, ch 120, § 3.